Turner Ch. 2 federalism Turner Ch. 2 federalism “we the people, in order to form A more perfect union……” HOBBES AS A BLUEPRINT FOR AMERICAN FEDERALISM “If two men desire the same thing that which they...

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Turner Ch. 2 federalism Turner Ch. 2 federalism “we the people, in order to form A more perfect union……” HOBBES AS A BLUEPRINT FOR AMERICAN FEDERALISM “If two men desire the same thing that which they both cannot enjoy, they will become enemies of each other and destroy one another..they will be in a state of constant war” “Without awe over them, men are constantly in a state of war.” “A covenant without the SWORD is merely words!” “A Kingdom divided in itself cannot stand” (states will never get along voluntarily) “The only way to defend them from the injuries of one another and …. Live contently… is to confer All their power and strength in ONE MAN… and therein to submit their wills to His will..” “I AUTHORIZE AND GIVE UP MY RIGHT TO GOVERNING MYSELF TO THIS MAN…” = Supremacy Clause in US Constitution (Art. VI, paragraph 2) How The Founding Fathers sold the federal government to the people (Spoiler alert: they used hobbes) “We should avoid splitting ourselves into an infinity of little, jealous, clashing, tumultuous commonwealths.” (Hamilton – Federalist #9) ”By ‘faction’ I mean a number of citizens who are united and actuated by some common impulse of passion or interest adverse to the rights of other citizens..” (Madison – Federalist #10) “A zeal for different opinions, religions government.. Have divided man into different parties and inflamed them, inflamed them with mutual animosity and rendered them to oppress each other.” (Madison – Federalist #10) “The influence of factious leaders may kindle a flame within their particular states, but will be unable to spread a general conflagration through the other states.” (Madison- Federalist #10) “Among the advantages of a well constructed UNION… is its tendency to break and control violent faction” (Madison – Federalist #10) WHAT IS “FEDERALISM”? “A Way of organizing a nation so two levels of government – in this case state and federal – share power and authority over the same people and land” Types of national-state structures UNITARY - Principle power lies at national level - States are subordinate and weak politically - Examples: Germany FEDERALISM - Shared Power BETWEEN national and state Federal has specific limited powers States have broad daily power - States closely connected by geography, history, culture etc.; The desire of “national” unity that balances states independence and fosters national cohesion CONFEDERATION Loose and weak association of states All power at state level Very little cooperation Example: European Union Powers of each level (EXPRESS VS. IMPLIED) FEDERAL PROVIDE FOR DEFENSE CONDUCT FOREIGN RELATIONS DECLARE WAR REGULATE INTERSTATE COMMERCE SUPREMACY CLAUSE (ART. VI) NECESSARY AND PROPER CLAUSE (ART. 1:8) Coin Money $$$ STATES REGULATE INTRASTATE COMMERCE CHARTER AND RUN LOCAL GOVERNMENTS (CITIES) RESERVED POWERS (9TH AMENDMENT) RUN SCHOOLS, POLICE, DAILY ACTIVITIES PER LOCAL POPULATION CULTURE BRIEF HISTORICAL OVERVIEW EARLY (1789-1865) * FEDERAL GOVERNMENT WAS MIS-TRUSTED * McCULLOCH v. MARYLAND: Fight for First National Bank and the role of IMPLIED commerce power! Civil War Era (1865 – 1930s) – * Rights of Southern states to continue slavery (post 1808): Dred Scott Case (Supreme Court ruling on freedom vs. inheritance) Co-Operative Era (1930s – today) * Increase in number and diversity of citizens, federal taxes (16th amendment) + Great Depression and Civil Rights Movement Civil Rights Act 1964, Voting Rights Act 1965, Roe v. Wade 1972 and Same Sex Marriage 2015 $$$$ HOW THE FEDERAL GOVERNMENT GETS AND SPENDS MONEY 16th Amendment (1913) – Congress can tax citizens (in addition to their states taxing them) Federal tax money is then spent via Budget hammered out between the President and the Congress and comes back to the states in two ways: 1. Categorical Grants in Aid – for specific areas and programs (education, housing, medical aid etc.) 2. Block Grants – less restrictive, more state input and decision making (preferred by states Can the federal government go too far? KELO vs. CITY OF NEW LONDON CT. (2005) City of New London, CT wanted to help develop old privately owned property into a new business and shopping district. City used 5th amendment “eminent domain” clause to FORCE private property owners to sell their property to city government. City then sold that land to private developers to build new TAX PRODUCING shops, businesses etc. GOOD? BAD? YOU DECIDE…… Once you have viewed the video, read the chapter and completed the PowerPoint, please give some thought to and write a 3-4 page essay addressing the following: 1. Our social contract, the Constitution of the UNITED States, opens with these words:  "WE, THE PEOPLE, IN ORDER TO FORM A MORE PERFECT UNION...'  In your own words and understanding, what do "united" and "union" mean to you and why?  Why, do you believe, our founders emphasized  these two themes in the opening words of our social contract? What needed uniting and why? 2.  Our Federal government is LIMITED? Why and how, specifically, according to our chapter?  What benefits come from having the Federal Government "over" the 50 states? What problems can arise if the Federal Government oversteps their power? Feel free to give examples. 3. When the US Supreme Court rules on a case, that ruling binds all 50 states to abide by its findings with the power of a Federal law. For 50 years, the US Supreme Court decision in Roe v. Wade (decided in 1972), made the right to access a legal abortion available to ALL American women.  In June of this year, the Supreme Court overturned Roe with its decision in Dobbs v. Jackson Health Organization and returned to the States the decision about whether or not an abortion should be legal.  Supreme Court Justice Alito, in writing for the court majority in Dobbs stated specifically: "We hold that Roe must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision... including the 14th Amendment.." (Dobbs ruling, page 5, paragraph 1) Justice Alito (and the Supreme Court's majority) believe that the ability to decide the legality of abortion must always reside with a law making body (such as a state legislature) or the US Congress; and, that ability should never have been decided by a court. 4. What is/are your opinion(s) about each state being able to decide the legality of abortion? What are the advantages and disadvantages to States making this decision? What are the  advantages and disadvantages to having the Federal Government (either US Congress or US Supreme Court) make this decision? Please review the US Constitution and/or California's state constitution and discuss whether or not and why you believe abortion is worthy of legal protection at all and the very important issues that go with it.
Answered 3 days AfterOct 01, 2022

Answer To: Turner Ch. 2 federalism Turner Ch. 2 federalism “we the people, in order to form A more perfect...

Shubham answered on Oct 05 2022
50 Votes
CONSTITUTION OF THE UNITED STATES
Table of Contents
1. Social Contract    2
2. Federal Government    2
3. US Supreme Court rules    3
4. US Supreme Court dec
ision    3
References    5
1. Social Contract
In the constitution, united means the national government consists of executive, legislation and judicial bands. It includes the system for balancing and checking all three branches. It ensures protection of individual rights that are contained in the Bill of Rights. The meaning of union in the US constitution is that of coming together and working together. In Social contract, the founder emphasizes on these two themes because it provides a theoretical foundation for modern constitution that is laid in great work (Shannon, 2019). The constitutional government includes governments that are regularly accountable and it can be enforced through a variety of regular procedures like systems of discipline and promotion, election and fiscal accounting.
Constitutional government required division of power among several political bodies. Uniting is required for providing people to agree up for providing freedom to unite and join together to form a majority rule in the democracy of government by people. It has important characteristics and it is based on a social contract with the goal for protecting natural rights and property of people’s good.
2. Federal Government
The power of the federal government is limited as there is no interstate commerce that is involved and it does not involve individual rights in the constitution and only the state has the right for controlling affairs. The government has limited authority for commandeer state personnel to...
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